Am I employed or self-employed?

Employment status depends on factors including control (who decides how and when you work), substitution (can you send someone else), and financial risk. HMRC and employment tribunals look at the reality of the arrangement, not just what a contract says.

Do self-employed people have employment rights?

Genuinely self-employed people have fewer rights than employees, but all workers including gig economy workers are entitled to the National Minimum Wage, working time protections, and protection from discrimination.

What is worker status and what rights does it give?

Workers (a middle category between employee and self-employed) are entitled to the National Minimum Wage, paid holiday, protection under the Working Time Regulations, and whistleblower protections. They do not have full unfair dismissal rights.

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⚠️ Important: This is general guidance only — not legal or tax advice. Self employment law and tax rules are complex and individual circumstances vary. Always verify with official sources.

📎 Verify at official sources:
· GOV.UK — Employment Status · HMRC — Check Employment Status (CEST) · GOV.UK — Self Assessment · ACAS — Employment Status

For complex situations contact ACAS on 0300 123 1100 or a qualified solicitor or accountant.

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IR35 determines whether a contractor working through a limited company should be taxed as an employee. If your contract falls inside IR35 you pay broadly the same tax as an employee but without the employment rights.

Key factors HMRC considers:

Substitution — can you send someone else to do the work in your place?
Control — does the client control how, when and where you work?
Mutuality of obligation — is the client obliged to offer work and are you obliged to accept it?

📎 gov.uk — Check Employment Status for Tax · gov.uk/ir35

If you are self employed you are responsible for reporting your income and paying your own tax and National Insurance through Self Assessment.

Register with HMRC as self employed by 5 October in your second year of trading
Complete a Self Assessment tax return each year by 31 January
Pay Income Tax on profits above the Personal Allowance of £12,570 in 2026
Pay Class 2 and Class 4 National Insurance contributions
Register for VAT if your turnover exceeds £90,000

⚖ You can claim allowable business expenses against your income — including equipment, travel, professional subscriptions and a proportion of home office costs.

📎 gov.uk/self-assessment-tax-returns

Employment status is one of the most important and most misunderstood areas of UK employment law. Your status determines your rights, your tax obligations and what your client owes you.

The three employment statuses:

Employee — works under a contract of employment, has full rights including unfair dismissal protection, statutory redundancy pay and sick pay.
Worker — broader category including many gig economy workers. Entitled to National Minimum Wage, holiday pay and protection from unlawful deductions.
Self employed — fewest statutory rights. Responsible for own tax. No entitlement to holiday pay or sick pay from the client.

⚖ Key point: Your employment status is determined by the reality of your working arrangements — not just what your contract says. Recent tribunal cases involving Uber, Deliveroo and Pimlico Plumbers established that many people classified as self employed are actually workers.

📎 gov.uk/employment-status · acas.org.uk/employment-status

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